Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1887-04-09

per foot against the II of small
and cheap lots than against the propri-
etors of those which are more valua
BILE.
Reasoning fairly from premises
known to be true, you cannot escape
the conclusion that the extravagan
and discriminating charges of these
corporations are a fraud upon theil
own charters, as well as a gros'
wrong to their victims. The contracts
they invoke to save them from thu
Justice of the state are as strong agains
them as the constitution itself.
But there is a power of the state t.
control them, to check their rapacity
and to make them honest which lie
back of all this. The police authority
of which she cannot disarm herself j
she would, enables her to regulate the
use, ever of private property, in sucf
manner that neither the general public
nor particular individuals can be made
to suffer by it unjustly. Upon tina
principle you can forbid an excessive
rate of interest upon the loan of money
fix the charges of hack-drivers, or fer
rymen, or tavern keepers, or the own
ers of grain elevators.
Beside all that, the state can abolish
a monopoly, OIL bring it to terms o.
Justice, at any time, by virtue of hel
right of eminent domain. All proper
ty, corporal or incorporeal, is helc
upon condition that it may be Invested
whenever the general interest requires
it. All charters and acts of incorpor.
alton are subject to such modification
as may be necessary to prevent the
owners from doing wrong to the pub
lie. This principle was expressed in
the constitution by the amendment OF
1856; but that was not its origin; il
existed from time immemorial as a rule
of public and universal law, 1t has
always been n of the powers of every
sovereign government, and it applies
with equal force TO all charters, whether
dated before or after 1856.
These are arguments in favor of the
power. Except in Pennsylvania, it
would not be necessary to state them,
Everywhere else the most Jealous ad-
vocates of corporte monopoly concede
the authority in question, while they
deprecate its exercise. But here the
shallow notion still fingers, that an aci
of incorporation is an irrevocable
license to defraud and plumber whom
soever the managers please to select as
their prey.
l have hesitated to speak of free tick
cts. L can understand how a thing 80
cheap might be accepted as a mere
courtesy, like a drink or a dinner.
Perhaps, therefore, it is not malum in
Sc. But since 1874 no man can hold
office without taking an oath to obey
the constitution, which expressly pro-
hibits free passes. Can that oath be
violated with a safe conscience? l am
a private citizen, and l speak with
respect for the better Judgment of 9TH
ers when l say that executive and
judicial officers who have acted thus
during the last ten years ought to be
impeached and removed from their
places But this is easier said than
done; for the house of representatives,
which should prefer the impeachment,
and the senate, which has exclusive
Jurisdiction to try it, are tarred nearly
all over with the same stick.
The legal predicament in which this
practice places the railroad officers is
somewhat worse. The passes which
they distribute are things of considera.
BILE value; worth, perhaps, two or
three hundred dollars apiece, and hum
dreds of thousands altogether. II
the agents of the company would
bring up that much money in a bag. at
the first meeting of every legislature,
and hand it around to the members,
dlshing out their shares to the Judges
and executive officers, it would look
very much like wholesale bribery.
But TO bride an officer it is not necessa-
ry that money should be used. Giving
or offering "anytbiDg of value, test
monial, privilege Or personal advant-
age" is, by the constitution and the
statute, the same crime as giving silver
dollars. gold eagles or ~greenbacks. II
must appear, however, that it was
given to influence the officer or mem.
Der OF the general assembly in the per.
Torrance OF his public or officia
duties. That is undoubtedly the very
purpose and object of giving passes tc
members of the legislature. L do not
say or think that those senators anC
representatives who receive them con.
sent TO be SO influenced. But that does
not redeem the guilt OF the giver, to
whom it is impossible to ascribe any
other intent hat the criminal one
Those great corporate officers ant
their respectable subordinates, who
are concerned directly and indirectly
in these practices, are probable igno.
rant of the existing law. They ough'
to be solemnly warned by some pena
enactment directly and exclusively
aimed at this besetting sin.
We are often told that in this stuggl,
for honest government against tn,
power of the railroad corporations thu
just cause has no chance of success
We do seem to be out Oh a furlorl
hope. The little finger of monopoly i
thicker than the loius of the law.
The influence of our enemies owe
the legislature is myterious, incalcula
r BILE and. strong enough to make tn
, constitution a dead-letter in spite Q
oaths to obey it,and popular demand
almost universal, to enforce it. Their
, is no other subject upon which tn
; press is so shy as upon this. the mos
important of all. Afraid to oppose th
, corrupt corporations, and ashamed t
= defend them, it sinks into silent net
trallty. Prudent politicians Away
want a smooth road to run on, and tn
right path here is full of impediments
In this state of things we seem to b
: weaker than we really are; for tn
!. nnbroken heart of.the people is on tn
9 side of JUSTICE, equality and truth
MonOpolists may sneer at u blunder
ing leadership and the inorganic
condition of our common file. but the
! a better Dethink them that hen th
! worst comes,on raw militia is numel
q GUS enough to overwhelm their regu
!. lars, well-pald and well-drilled as the
! are. They have destroyed the buslne:
: of hundreds for one that they hav
; favored. For every millionaire the
= have made ten thousand paupers, ali
-, the injured parties lack no gall 10 max
8 oppression bitter.
v The people, certainly, got one in
= mense advantage over the ~carryin
g corporations when they adopted II
8 XVI! article of the constitution. Tn,
a comedies to us all the rights we ash
e puts the flag of the commonwealth iDl
!, our hands and cOnsecrales IL warfar,
g The malign influence that heretofol
e has palsied the legislative arm cam,
: last fpre>e n. We will continue to ele,
C representative dSdlu anu dSdiu. I'LL
q every man shall swear upon the gosp,
= OF God that he will do us the full al
Y perfect justice which the constitute
il commands. AT last we will rouse II
n "couscience of a majority, screw the
n courage to the sticking place, and Z,
y The appropriate legislation" which "
need SO sOrely,
3 Whenever a majority in both hous,